Project 102 - Complaints Against Judiciary

The Commission is to examine complaints or allegations of misbehaviour or incapacity against State judicial officers in Western Australia and report on the adequacy of, and on any desirable changes to, the existing principles, practices and procedures.

Terms of Reference

The Law Reform Commission of Western Australia is to examine and report upon whether, and if so in what manner, the principles, practices and procedures pertaining to complaints or allegations of misbehaviour or incapacity against State judicial officers in Western Australia require reform and the responses to any such conduct, and in particular giving close consideration to:

the need to protect and preserve the independence and impartiality of State courts from the executive and legislative branches of government;

the benefits of establishing a system for dealing with such complaints and allegations that is efficient, accessible, transparent and accountable;

the need to ensure that any system for dealing with such complaints and allegations is suited to the conditions in Western Australia, having regards to the number of serving State judicial officers and the number of complaints or allegations warranting investigation that may be expected to arise;

the need to develop standardised and consistent procedures when dealing with such complaints, thus reducing the potential for allegations of bias to be made in relation to procedures which are developed after the complaint or allegation is made; and

the recent establishment of judicial complaints systems in other jurisdictions both nationally and internationally. The Commission was also asked to report upon the adequacy of, and on any desirable changes to, the existing principles, practices and procedures in relation thereto.